circumstances would be contrary to our laws and may even jeopardize our efforts to prosecute him for his crimes. where do you stand on this, senator schumer? >> well, i think that the good news is is we don't need enemy combatant to get all the information we need out of him. number one, the one court that has ruled has allowed a lot of flexibility in the public safety exception before you mirandize somebody. but second, at any time what's called a h.i.g., a high value interrogation group composed of the fbi, cia and anyone else can question him without a lawyer in a secured situation and find out whatever they need. that can't, as lindsey said, be used against him in a trial, but there's plenty of evidence. they don't need his confession to get him into trial. so i don't think we have to cross the line and say he should be an enemy combatant which could be challenged in court. one circuit is ruled one way, one circuit has ruled another way. >> senator, the death penalty. >> candy, could i comment on that? >> of course, go ahead.